Court Rules

Boyd Circuit Court

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Adjournments

  • If a state holiday falls on Friday, motion hour is rescheduled to the following Friday.
  • If the Court closes for an unforeseen reason, motion hour is continued to the following Friday.
  • A continuance requires good cause and a written motion to opposing parties unless the parties agree to it.
  • +1 more

Request must include

Reason for Request
Cases:
Filters:

Document Format Requirements1 rule

FormattingMandatory

All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court.

Applies to
  • Protective order petition

Formatting

  • Petitions must be made on form AOC-275.1.
C32D32DVPROTOCOL · Jan 2016 · p. 2
|SectionUniform Protocol for Handling Cases

Document Filing Requirements25 rules

Filing RequirementsMandatoryCriminal cases

In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived.

Filing RequirementsMandatoryCriminal cases

The Commonwealth shall make a written recommendation to the Court in response to each application. KRS 533 .250(2).

Filing RequirementsMandatoryCriminal cases

When diversion is recommended, the Commonwealth must make written recommendations to the Court of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . KRS 533 .252(3).

Filing RequirementsMandatoryCivil cases

If related actions assigned to different divisions are transferred, both judges must sign the transfer order.

Court's wording

Where related actions are assigned to different Divisions, Judges may consolidate and/or transfer the actions to that Division of Court in which the first action was assigned. Both Judges must sign the Order transferring.

C32FAMILYRULES · Mar 2012 · p. 5
|Section104 Assignment of Cases
Filing RequirementsMandatoryCivil cases

When a judge is disqualified, the case must be reassigned by written order signed by the judges of both divisions.

Court's wording

In the event the Judges of the respective divisions are disqualified from trying such cases so assigned for the reason of being attorney of record, or other reasons, the case in which such Judge is so disqualified shall be reassigned, by written order, to the other Division. The written Order reassigning the case shall be signed by the Judges of each Division.

C32FAMILYRULES · Mar 2012 · p. 5
|Section104 Assignment of Cases
Filing RequirementsMandatoryCivil cases

In cases involving the termination of parental rights in which there is a companion juvenile case, the proof of review by the Juvenile Court shall be filed in the adoption/termination of parental rights case pursuant to FCRPP 32(2).

Filing RequirementsMandatoryCivil cases

If the record is left open for the submission of evidence to the Domestic Relations Commissioner, then the attorneys and/or parties must file a joint motion that the matter now stands submitted to the Commissioner for report and recommendation.

C32FAMILYRULES · Mar 2012 · p. 8
|Section501 Domestic Relations Commissioner
Filing RequirementsMandatoryCivil cases

All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.

C32FAMILYRULES · Mar 2012 · p. 9
|Section602 Protection of Personal Identifiers
Filing RequirementsMandatoryCivil cases

Every pleading, motion and any other paper filed with the Court shall contain the case number, typed or printed name, address, telephone number of the attorney or party signing the paper.

Document
Pleading motion or other filing

Must include

  • Case number
C32FAMILYRULES · Mar 2012 · p. 9
|Section601 Identification of Counsel or Party Required
Filing RequirementsMandatoryCivil cases

Any motions for payment of Guardian Ad Litem fees must be submitted with a verified time affidavit.

C32FAMILYRULES · Mar 2012 · p. 10
|Section605 Guardian Ad Litem
Filing RequirementsMandatoryCivil cases

When parties are exchanging the preliminary disclosure statement and/or the final disclosure statement or objections thereto or list of witness and exhibits they must file a notice of compliance that the documents have been exchanged with the Clerk.

Filing RequirementsMandatoryCivil cases

If an in-chamber interview is requested, the moving party must provide the Court a written explanation for the request which specifically indicates the portion of the video record being requested and the specific purpose for the request.

C32FAMILYRULES · Mar 2012 · p. 10
|Section603 In-Chamber Interviews
Filing RequirementsMandatoryCivil cases

A. If the record is left open for the submission of evidence and/or memorandums to the Court, then when the case is ready to be submitted, the attorneys and/or parties must file a joint motion that the matter now stands submitted to the Court.

C32FAMILYRULES · Mar 2012 · p. 11
|Section608 Submission to the Court
Filing RequirementsMandatoryCivil cases

Protective-order petitions must use form AOC-275.1 and be accepted and filed with the court.

Court's wording

All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.

C32FAMILYRULES · Mar 2012 · p. 13
|SectionUniform Protocol for Handling Cases
Filing RequirementsMandatoryCivil cases

The petitioner must complete and sign the petition under oath, and the authorized party must check, administer the oath, and sign and date the petition with the agency identified.

Court's wording

The Petitioner shall fully complete the Petition and present the same to the authorized party who shall: 1. Check the Petition for completeness, and if properly completed; 2. Administer an oath to the Petitioner affirming the truthfulness of the contents of the Petition; 3. Have the Petitioner sign the Petition; and 4. Sign and date the Petition, including agency under whose authorization they are empowered to act herein.

C32FAMILYRULES · Mar 2012 · p. 14
|SectionTwenty-four Hour Accessibility
Filing RequirementsMandatory

An Order shall be entered setting the time, date and place of conference

C32LOCALRULES · Jul 2012 · p. 4
|SectionIX. Pre-trial Conferences
Filing RequirementsMandatory

Complaints filed with the Clerk must contain the names of all attorneys representing the plaintiff; copies of all affidavits and exhibits referenced in the complaint; and sufficient copies to for each defendant named in the complaint.

C32LOCALRULES · Jul 2012 · p. 5
|SectionXI. Copies of Complaints to be Filed
Filing RequirementsMandatory

Except for routine motions, a motion must state its supporting legal authority after the attorney’s signature or in a separate memorandum.

Court's wording

g. All Motions, except routine Motions, shall state on the Motion following the signature of the attorney or on a separate memorandum the Statute, Civil Rules, Court Rules, or other authority (including cases) supporting the Motion or justifying the relief requested.

C32LOCALRULES · Jul 2012 · p. 5
|SectionX. Motion and Motion Day Hours, Civil Cases
Filing RequirementsMandatory

An attorney who is not admitted to practice in Kentucky may appear or file a pleading or notice in an action in this Court only if he or she subjects himself or herself to the jurisdiction and rules of the Supreme Court of Kentucky, pays a one-time per case fee to the Kentucky Bar Association and engages a member of the association as co-counsel, whose presence shall be necessary at all trials and at other times when required by the court.

C32LOCALRULES · Jul 2012 · p. 6
|SectionXVI. Non-Resident Attorneys
Filing RequirementsMandatory

Juror-related neighborhood canvassing or questioning requires prior court approval, and a permission request must provide the proposed questions, questioners’ identities, the scope of canvassing, and other relevant information.

Court's wording

Neighborhood canvassing or questioning with regard to jurors without the prior approval of the Court be and is hereby prohibited. Any request for permission to conduct neighborhood canvasses for information regarding jurors of the Boyd Circuit Court shall be accompanied by information as to the questions to be asked, the identity of the questioners, the extent of the canvassing and any and all other relevant information so that the Court may make an informed decision with regard to any infringement upon the right of privacy of individual jurors.

C32LOCALRULES · Jul 2012 · p. 6
|SectionXIV. Questioning of Jurors
Filing RequirementsMandatory

The petitioner must complete and sign the Petition under oath, and the authorized party must check, sign, and date it with the authorizing agency identified.

Court's wording

The Petitioner shall fully complete the Petition and present the same to the authorized party who shall: 1. Check the Petition for completeness, and if properly completed; 2. Administer an oath to the Petitioner affirming the truthfulness of the contents of the Petition; 3. Have the Petitioner sign the Petition; and 4. Sign and date the Petition, including agency under whose authorization they are empowered to act herein.

C32D32DVPROTOCOL · Jan 2016 · p. 3
|SectionII. Twenty-four Hour Accessibility
Filing RequirementsImportantCriminal cases

after charges are filed, AOC Form 347, styled MOTION FOR PRETRIAL DIVERSION OF A CLASS D FELONY, which contains the Commonwealth's recommendation and is signed by the defendant, defense attorney, and the Commonwealth's Attorney, will be filed by the Commonwealth with the Circuit Court Clerk

Filing RequirementsImportantCivil cases

If a guardian ad litem is appointed in a family court matter (not involving a termination of parental rights as requested by the Cabinet for Health and Family Services) an Order Appointing a Guardian ad Litem will be prepared by the Judge's office that specifies the percentage of financial responsibility of each party.

C32FAMILYRULES · Mar 2012 · p. 10
|Section605 Guardian Ad Litem
Filing RequirementsNoteCriminal cases

The Committee recommends the diversion plan be submitted to the Court as part of a plea agreement.

C32PRETRIALDIVERSIONPROGRAM · p. 4
|SectionIV. Order of Pretrial Diversion
Filing RequirementsNoteCriminal cases

It is recommended the defense attorney simultaneously submit an application to the Circuit Court and to the prosecutor.

Filing & Service rules

Filing Timing and Cure Windows

An eligible person may apply for pretrial diversion after indictment, but the application must be made no later than 10 days before trial.

After indictment in circuit court, and no later than 10 days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order.

Criminal cases

Page 3 | III. Procedure

Motions are due by 4:00 p.m. on the Friday before motion hour, or by 4:00 p.m. Thursday if the courthouse is closed Friday.

Motions shall be filed by Friday at 4:00 p.m. of the week preceding the Motion hour. If the courthouse is closed on Friday, then the motion must be filed by Thursday at 4:00 p.m.

Civil cases

Page 6 | 202 Deadlines

The Domestic Relations Commissioner's Report and Recommendation must be filed with the Clerk within 21 days of completion of trial and submission of evidence.

The Domestic Relations Commissioner's Report and Recommendation shall be filed with the Clerk within twenty-one (21) days of the completion of the trial and the submission of evidence.

Civil cases

Page 7 | 501 Domestic Relations Commissioner

Either party has 10 days after the preceding report-and-recommendation step to file objections under FCRPP 4(4)(a).

Thereafter, either party has ten (10) days in which to file objections pursuant to FCRPP 4(4) (a).

Civil cases

Page 8 | 501 Domestic Relations Commissioner

The court must review a protective-order petition immediately upon filing; review should occur within an hour of presentation unless no judge or trial commissioner is available, in which case it should occur as soon as practical.

The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available, and then as soon as practical.

Civil cases

Page 13 | Uniform Protocol for Handling Cases

If service has not been completed before the hearing date, the unserved EPO/TIPO and summons must be returned to the Boyd Circuit Clerk's Office by noon that day.

(iv) If not served prior to the day of the hearing, the unserved EPO/TIPO and Summons shall be returned to the Boyd Circuit Clerk's Office no later than 12:00 noon on the date of the hearing.

Civil cases

Page 15 | Rule 4 Domestic Violence Protocol and 24 Hour Access Policy

If the petition is denied in the fax procedure, the petitioner must be advised and the agency must return all originals and faxed copies to the Clerk's Office the next regular business day.

If DENIED, the Petitioner will be so advised and all originals and faxed copies will be returned by the Agency to the Clerk's Office the next regular business day.

Civil cases

Page 15 | Rule 4 Domestic Violence Protocol and 24 Hour Access Policy

The agency must return the original petition and a copy of the EPO or TIPO to the Boyd Circuit Court Clerk's Office the next regular business day.

The Agency will keep the original Petition and copy of the EPO or TIPO which will be returned to the Boyd Circuit Court Clerk's Office the next regular business day.

Civil cases

Page 15 | Rule 4 Domestic Violence Protocol and 24 Hour Access Policy

The officer must return the original petition and a copy of the EPO/TIPO and summons showing service to the agency for delivery to the Boyd Circuit Clerk's Office the next regular business day.

(Ili) Return the original Petition and a copy of the EPO/TIPO and Summons showing service upon the Respondent to the Agency to be returned to the Boyd Circuit Clerk's Office the next regular business day;

Civil cases

Page 15 | Rule 4 Domestic Violence Protocol and 24 Hour Access Policy

The officer must return the original petition and a copy of the EPO/TIPO and summons showing service to the agency for delivery to the Boyd Circuit Clerk's Office the next regular business day.

(iv) Return the original Petition and a copy of the EPO/TIPO and Summons showing service upon the Respondent to the Agency to be returned to the Boyd Circuit Clerk's Office the next regular business day;

Civil cases

Page 16 | Rule 4 Domestic Violence Protocol and 24 Hour Access Policy

If APPROVED, the Judge will sign the EPO/TIPO and accompanying Summons, keep the original Petition and EPO/TIPO and return them to the Boyd Circuit Clerk's Office on the next regular business day.

If APPROVED, the Judge will sign the EPO/TIPO and accompanying Summons, keep the original Petition and EPO/TIPO and return them to the Boyd Circuit Clerk's Office on the next regular business day.

Civil cases

Page 16 | Rule 4 Domestic Violence Protocol and 24 Hour Access Policy

If service has not been completed before the hearing date, the unserved EPO/TIPO and summons must be returned to the Boyd Circuit Clerk's Office by noon that day.

(v) If not served prior to the day of the hearing, the unserved EPO/TIPO and Summons shall be returned to the Boyd Circuit Clerk's Office no later than 12:00 noon on the date of the hearing.

Civil cases

Page 16 | Rule 4 Domestic Violence Protocol and 24 Hour Access Policy

If DENIED, the Petitioner will be so advised and all originals and copies will be kept by the Judge and returned to the Clerk's Office the next regular business day.

If DENIED, the Petitioner will be so advised and all originals and copies will be kept by the Judge and returned to the Clerk's Office the next regular business day.

Civil cases

Page 16 | Rule 4 Domestic Violence Protocol and 24 Hour Access Policy

The officer must immediately fax or hand-deliver copies of the petition and EPO/TIPO to the 911 Dispatch Center for entry into the Kentucky LINK/NCIC system.

The law enforcement officer will then: (i) Immediately fax or hand deliver copies of the Petition and EPO/TIPO to the 911 Dispatch Center for entry in to the Kentucky LINK/NCIC system;

Civil cases

Page 16 | Rule 4 Domestic Violence Protocol and 24 Hour Access Policy

Motions are due by 4:00 p.m. on the Friday before motion hour, or by 4:00 p.m. Thursday if the courthouse is closed Friday.

d. Motions shall be filed by Friday at 4:00 p.m. of the week preceding the motion hour. If the courthouse is closed on Friday, then the motion must be filed by Thursday at 4:00 p.m.

Page 5 | X. Motion and Motion Day Hours, Civil Cases

A motion to reconsider a dismissal for lack of prosecution must be filed within ten days after entry of the dismissal order.

The court will reconsider a matter that has been dismissed for lack of prosecution, provided a motion to reconsider is filed within ten (10) days after the entry of the Order of dismissal.

Page 6 | XVII. Dismissal of Action and Failure to Prosecute

An action with no step indicating an intent to prosecute for one year may be dismissed for lack of prosecution on a party’s motion or the Court’s own motion, with notice to all parties.

When any action has remained on the Civil Docket for one (1) year without any step indicating an intention to prosecute, it shall, upon motion of any party or on the Court's own motion and with notice to all parties, be dismissed for lack of prosecution.

Page 6 | XVII. Dismissal of Action and Failure to Prosecute

In jury actions, parties must submit expected instructions before or at the commencement of trial; additional instructions may be offered at the close of evidence as provided by CR 51.

The parties will before or at the commencement of the trial in jury actions submit such instructions as they expect to offer in the trial. Additional instructions may be offered at the trial at the close of the evidence to conform to the proof or in the interest of justice as provided by CR 51.

Page 6 | XV. Instructions

The court must review a protective-order petition immediately upon filing.

The court shall review a petition for a protective order immediately upon its filing.

Page 2 | Uniform Protocol for Handling Cases

If DENIED, the Petitioner will be so advised and all originals and faxed copies will be returned by the Agency to the Clerk's Office the next regular business day.

If DENIED, the Petitioner will be so advised and all originals and faxed copies will be returned by the Agency to the Clerk's Office the next regular business day.

Page 4 | II. Twenty-four Hour Accessibility

The Agency must return the original Petition and a copy of the EPO or TIPO to the Clerk's Office the next regular business day.

The Agency will keep the original Petition and copy of the EPO or TIPO which will be returned to the Boyd Circuit Court Clerk's Office the next regular business day.

Page 4 | II. Twenty-four Hour Accessibility

If service has not occurred before the hearing date, the unserved EPO or TIPO and summons must be returned to the Clerk's Office by noon on the hearing date.

(iv) If not served prior to the day of the hearing, the unserved EPO/TIPO and Summons shall be returned to the Boyd Circuit Clerk's Office no later than 12:00 noon on the date of the hearing.

Page 4 | II. Twenty-four Hour Accessibility

The documents showing service must be returned to the Agency for return to the Clerk's Office the next regular business day.

(III) Return the original Petition and a copy of the EPO/TIPO and Summons showing service upon the Respondent to the Agency to be returned to the Boyd Circuit Clerk's Office the next regular business day;

Page 4 | II. Twenty-four Hour Accessibility

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner; if neither is available, review should occur as soon as practical.

Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available, and then as soon as practical.

Page 2 | Uniform Protocol for Handling Cases

Service and Proof of Service Rules

A responsive pleading faxed to the Court for motion hour must be faxed to opposing counsel or the opposing party at the same time, or mailed immediately if no fax number is available.

If a responsive pleading is faxed to the Court for consideration at motion hour, the responsive pleading must also simultaneously be faxed to opposing counsel/party. If a fax number is not available then it shall be mailed immediately to the opposing/party.

Civil cases

Page 6 | 204 Responsive Pleadings

After referral to the Domestic Relations Commissioner, the notice of hearing must be sent to all parties within seven days.

Once the case is referred to the Domestic Relations Commissioner, the notice of hearing must be sent to all parties within seven (7) days.

Civil cases

Page 7 | 501 Domestic Relations Commissioner

A written motion requesting a continuance must be directed to the opposing parties, unless they agree to the continuance.

Continuances may only be made for good cause shown and written motion to opposing parties, unless the parties agree to the continuance.

Civil cases

Page 7 | 501 Domestic Relations Commissioner

At least five days before mediation, the parties must exchange and provide the mediator with financial disclosure statements and a short statement of the issues to be addressed.

At least five (5) days prior to the mediation, the parties shall exchange and provide to the mediator the financial disclosure statements and a short statement including the issues to be addressed.

Civil cases

Page 8 | 502 Mediation

The law enforcement officer must provide the petitioner with copies of the petition, EPO or TIPO, and summons.

The law enforcement officer will then: (i) Provide the Petitioner with a copy of the Petition and EPO or TIPO and summons;

Civil cases

Page 15 | Rule 4 Domestic Violence Protocol and 24 Hour Access Policy

The officer must attempt to locate and serve the respondent with the petition, with the petitioner's address redacted, and the EPO or TIPO and summons.

(ii) Attempt to locate the Respondent and serve said Respondent with copies of the Petition (with Petitioner's address redacted) and the EPO or TIPO and Summons;

Civil cases

Page 15 | Rule 4 Domestic Violence Protocol and 24 Hour Access Policy

The officer must attempt to locate and serve the respondent with the petition, with the petitioner's address redacted, and the EPO or TIPO and summons.

(iii) Attempt to locate the Respondent and serve said Respondent with copies of the Petition (with Petitioner's address redacted) and the EPO or TIPO and Summons;

Civil cases

Page 16 | Rule 4 Domestic Violence Protocol and 24 Hour Access Policy

The officer must provide the petitioner with copies of the petition, EPO or TIPO, and summons.

(ii) Provide the Petitioner with a copy of the Petition and EPO or TIPO and summons;

Civil cases

Page 16 | Rule 4 Domestic Violence Protocol and 24 Hour Access Policy

The Clerk must serve the conference order on the parties at least ten days before the conference.

a copy of the Order shall be served on the parties by the Clerk at least ten days prior to the date of the conference.

Page 4 | IX. Pre-trial Conferences

The officer must return the original Petition and copies of the EPO or TIPO and summons showing service to the Agency for return to the Clerk's Office the next regular business day.

(III) Return the original Petition and a copy of the EPO/TIPO and Summons showing service upon the Respondent to the Agency to be returned to the Boyd Circuit Clerk's Office the next regular business day;

Page 4 | II. Twenty-four Hour Accessibility

The officer must attempt to locate and serve the respondent with the Petition, with the petitioner's address redacted, and the EPO or TIPO and summons.

(ii) Attempt to locate the Respondent and serve said Respondent with copies of the Petition (with Petitioner's address redacted) and the EPO or TIPO and Summons;

Page 4 | II. Twenty-four Hour Accessibility

The law enforcement officer must provide the petitioner with copies of the Petition, EPO or TIPO, and summons.

(i) Provide the Petitioner with a copy of the Petition and EPO or TIPO and summons;

Page 4 | II. Twenty-four Hour Accessibility

The officer must attempt to locate and serve the Respondent with the specified documents, with the Petitioner's address redacted from the Petition.

(iii) Attempt to locate the Respondent and serve said Respondent with copies of the Petition (with Petitioner's address redacted) and the EPO or TIPO and Summons;

Page 5 | II. Twenty-four Hour Accessibility

The officer must provide the Petitioner with copies of the Petition, EPO or TIPO, and summons.

(ii) Provide the Petitioner with a copy of the Petition and EPO or TIPO and summons;

Page 5 | II. Twenty-four Hour Accessibility

If service has not occurred before the hearing date, the unserved EPO/TIPO and Summons must be returned to the Clerk's Office by noon that day.

(v) If not served prior to the day of the hearing, the unserved EPO/TIPO and Summons shall be returned to the Boyd Circuit Clerk's Office no later than 12:00 noon on the date of the hearing.

Page 5 | II. Twenty-four Hour Accessibility

After service, the officer must return the original Petition and documents showing service to the Agency for return to the Clerk's Office the next regular business day.

(iv) Return the original Petition and a copy of the EPO/TIPO and Summons showing service upon the Respondent to the Agency to be returned to the Boyd Circuit Clerk's Office the next regular business day;

Page 5 | II. Twenty-four Hour Accessibility

The Court may void participation in pretrial diversion after a hearing and notice to the Commonwealth and defendant, upon a showing of noncompliance or unsatisfactory progress.

After a hearing. with notice to the Commonwealth and to the defendant, the Court may void a person's participation in pretrial diversion upon a showing of failure to comply with the conditions of diversion or a failure to make satisfactory progress .

Criminal cases

Page 6 | V. Voiding a Diversion Order

Filing Fees and Waivers

A non-Kentucky-admitted attorney must pay a one-time per-case fee to the Kentucky Bar Association to appear or file a pleading or notice in the action.

An attorney who is not admitted to practice in Kentucky may appear or file a pleading or notice in an action in this Court only if he or she subjects himself or herself to the jurisdiction and rules of the Supreme Court of Kentucky, pays a one-time per case fee to the Kentucky Bar Association and engages a member of the association as co-counsel, whose presence shall be necessary at all trials and at other times when required by the court.

Page 6 | XVI. Non-Resident Attorneys

Sealing & Redaction Procedures

Temporary Custody Orders granted under KRS 199.473(7) must be sealed and may be inspected only by the parties and their counsel.

Temporary Custody Orders granted pursuant to KRS 199.473(7) shall be SEALED, and not opened to inspection by persons other than the parties to such proceedings and their counsel.

Civil cases

Page 6 | 304 Temporary Custody Order

When personal identifiers are required by statute or appear in other documents or exhibits, parties must file a redacted copy and a marked, sealed unredacted copy, which may be accessed only by authorized persons.

However, when personal identifiers are required by statute or contained in other documents or exhibits the parties shall comply with CR 7.03 by filing one copy from which the personal identifiers have been redacted and filing an unredacted copy in a marked and sealed envelope. The unredacted sealed copy may only be accessed by a party to the case, an attorney of record in the case, a judge of the court or other authorized court personnel.

Civil cases

Page 9 | 602 Protection of Personal Identifiers

Copies of in-chamber interviews with children must not be released without a written order.

Copies of in-chamber interviews with children shall not be released without written order.

Civil cases

Page 10 | 603 In-Chamber Interviews

If educational records involving a minor child are introduced into evidence, they must be sealed and may not be released to anyone other than a party or attorney without Court Order.

C If any educational records involving a minor child are introduced into evidence, those records shall be sealed and not released to anyone other than a party or attorney without Court Order.

Civil cases

Page 11 | 607 Sealed Records

When a Circuit Court Family matter also involves a juvenile court matter, the portion of the Circuit Court file containing the juvenile matter must be sealed.

A. If the Circuit Court Family matter also involves a juvenile court matter, then that portion of the Circuit Court file which contains the juvenile matter must be sealed.

Civil cases

Page 11 | 607 Sealed Records

If medical records for a party or the parties’ child are introduced into evidence, the portion of the file containing them must be sealed and may not be released to anyone other than a party or attorney without a Court Order.

B. If any medical records for any party or a child of the parties are introduced into evidence, the portion of the file maintaining medical records shall be sealed and not released to anyone other than a party or attorney without a Court Order.

Civil cases

Page 11 | 607 Sealed Records

The petitioner's address must be redacted from the petition copy served on the respondent.

(ii) Attempt to locate the Respondent and serve said Respondent with copies of the Petition (with Petitioner's address redacted) and the EPO or TIPO and Summons;

Civil cases

Page 15 | Rule 4 Domestic Violence Protocol and 24 Hour Access Policy

The petitioner's address must be redacted from the petition copy served on the respondent.

(iii) Attempt to locate the Respondent and serve said Respondent with copies of the Petition (with Petitioner's address redacted) and the EPO or TIPO and Summons;

Civil cases

Page 16 | Rule 4 Domestic Violence Protocol and 24 Hour Access Policy

The copy of the Petition served on the respondent must have the petitioner's address redacted.

(ii) Attempt to locate the Respondent and serve said Respondent with copies of the Petition (with Petitioner's address redacted) and the EPO or TIPO and Summons;

Page 4 | II. Twenty-four Hour Accessibility

Pleadings, documents, and exhibits in actions deemed confidential by statute do not need to be redacted.

Pleadings, documents, or exhibits filed in actions deemed confidential by statute need not be redacted.

Civil cases

Page 10 | 602 Protection of Personal Identifiers

Adjournment & Extension Requirements

A continuance requires good cause and a written motion to opposing parties unless the parties agree to it.

Continuances may only be made for good cause shown and written motion to opposing parties, unless the parties agree to the continuance.

Civil cases

Page 7 | 501 Domestic Relations Commissioner

A continuance requires a written motion, with supporting affidavits when required by law, unless all parties agree and the Court approves.

A case set for trial will not be continued unless a written Motion has been filed, with supporting Affidavits if required by law, except as otherwise accomplished by agreement of all parties and approval of the Court.

Page 4 | VIII. Assignment of Cases for Trial

If a state holiday falls on Friday, motion hour is rescheduled to the following Friday.

If a state holiday falls on Friday, Motion Hour will be conducted on the following Friday.

Civil cases

Page 6 | 203 Exceptions to Regular Motion Hour Schedule

If the Court closes for an unforeseen reason, motion hour is continued to the following Friday.

If the Court is closed for any unforeseen reason, Motion Hour shall be passed to the following Friday.

Civil cases

Page 6 | 203 Exceptions to Regular Motion Hour Schedule

Chambers Communication Rules

If a Guardian Ad Litem has been appointed for the minor child in a juvenile action, Petitioner's counsel must notify the Boyd Circuit Clerk for the appointment.

If a Guardian Ad Litem has been appointed for the minor child in any juvenile court action, then the Petitioner's counsel shall notify the Boyd Circuit Clerk for appointment of the Guardian Ad Litem.

Civil cases

Page 6 | 303 Guardian Ad Litem

If no Boyd County Judge is available, the dispatcher must attempt to contact an available judge in an adjoining county, who may review the petition under the Regional Program Administration Charter.

In the event that NO Boyd County Judges are available, then the Dispatcher shall attempt to contact any Judge available in an adjoining County, who may review a Petition consistent with the Regional Program Administration Charter.

Civil cases

Page 15 | Rule 4 Domestic Violence Protocol and 24 Hour Access Policy

If the contacted judge has no fax machine, the dispatcher must send an officer with the original petition, EPO/TIPO, and summons to a location designated by the judge.

If the Judge contacted does not have a fax machine available, then the agency's dispatcher shall have an officer dispatched to a location designated by that Judge with the original Petition, EPO/TIPO and Summons.

Civil cases

Page 15 | Rule 4 Domestic Violence Protocol and 24 Hour Access Policy

If the contacted judge has a fax machine, a copy of the petition must be faxed to the judge for review.

a. If contact is made and the Judge has a fax machine available, a copy of the Petition will be faxed to the Judge for review.

Civil cases

Page 15 | Rule 4 Domestic Violence Protocol and 24 Hour Access Policy

After completing the referenced procedure, the authorized officer must contact the agency dispatcher, who must contact a Boyd County District or Circuit Judge.

Upon completion of the procedure set forth in Section III herein, the law enforcement officer authorized to take the Petition shall contact their Agency Dispatcher who shall in turn contact a Boyd County District or Circuit Judge.

Civil cases

Page 15 | Rule 4 Domestic Violence Protocol and 24 Hour Access Policy

If the contacted judge has a fax machine, a copy of the Petition must be faxed to the judge for review.

If contact is made and the Judge has a fax machine available, a copy of the Petition will be faxed to the Judge for review.

Page 4 | II. Twenty-four Hour Accessibility

After-hours, the authorized officer must contact the agency dispatcher, who contacts a Boyd County judge or, if none is available, attempts to contact an available judge in an adjoining county.

Upon completion of the procedure set forth in Section Ill herein, the law enforcement officer authorized to take the Petition shall contact their Agency Dispatcher who shall in turn contact a Boyd County District or Circuit Judge. In the event that NO Boyd County Judges are available, then the Dispatcher shall attempt to contact any Judge available in an adjoining County, who may review a Petition consistent with the Regional Program Administration Charter.

Page 4 | II. Twenty-four Hour Accessibility

Holiday schedules may be obtained at the Boyd County Circuit Clerk's Office.

Holiday schedules may be obtained at the Boyd County Circuit Clerk's Office.

Civil cases

Page 5 | 105 Holidays

Petitioners seeking to initiate contempt proceedings should contact the Boyd Circuit Clerk's Office.

Petitioners seeking to initiate contempt proceedings should contact the Boyd Circuit Clerk's Office.

Civil cases

Page 17 | IV. Contempt Proceedings

Petitioners seeking to initiate contempt proceedings should contact the Boyd Circuit Clerk's Office.

Petitioners seeking to initiate contempt proceedings should contact the Boyd Circuit Clerk's Office.

Page 6 | IV. Contempt Proceedings

Common questions about Boyd Circuit Court rules

What must be included with on record statement filings in Boyd Circuit Court?

For a pretrial diversion application, defense counsel must state on the record, and the defendant must agree on the record, to waive speedy-trial and speedy-disposition rights if diversion is granted.

View ruleSource: page 3, section III. Procedure

What must be included with written recommendation filings in Boyd Circuit Court?

The Commonwealth must provide the Court with a written recommendation in response to every pretrial diversion application.

View ruleSource: page 3, section III. Procedure

How may parties contact Boyd Circuit Court?

If a Guardian Ad Litem has been appointed for the minor child in a juvenile action, Petitioner's counsel must notify the Boyd Circuit Clerk for the appointment.

View ruleSource: page 6, section 303 Guardian Ad Litem

How does Boyd Circuit Court handle sealed or redacted filings?

When personal identifiers are required by statute or appear in other documents or exhibits, parties must file a redacted copy and a marked, sealed unredacted copy, which may be accessed only by authorized persons.

View ruleSource: page 9, section 602 Protection of Personal Identifiers

How do I request an adjournment or extension in Boyd Circuit Court?

The request must include reason for request. A continuance requires good cause and a written motion to opposing parties unless the parties agree to it.

View ruleSource: page 7, section 501 Domestic Relations Commissioner

Are filing fees or waivers addressed in Boyd Circuit Court?

A fee is required for covered filings. A non-Kentucky-admitted attorney must pay a one-time per-case fee to the Kentucky Bar Association to appear or file a pleading or notice in the action.

View ruleSource: page 6, section XVI. Non-Resident Attorneys

What filing deadlines does Boyd Circuit Court set?

An eligible person may apply for pretrial diversion after indictment, but the application must be made no later than 10 days before trial.

View ruleSource: page 3, section III. Procedure

What rule applies to serving the opposing party in Boyd Circuit Court?

Details: recipient: the opposing party. A responsive pleading faxed to the Court for motion hour must be faxed to opposing counsel or the opposing party at the same time, or mailed immediately if no fax number is available.

View ruleSource: page 6, section 204 Responsive Pleadings
Complete rules summary for Boyd Circuit Court

An eligible person may apply for pretrial diversion after indictment, but the application must be made no later than 10 days before trial.

For a pretrial diversion application, defense counsel must state on the record, and the defendant must agree on the record, to waive speedy-trial and speedy-disposition rights if diversion is granted.

The Commonwealth must provide the Court with a written recommendation in response to every pretrial diversion application.

If the Commonwealth recommends diversion, its written recommendations to the Court must include diversion conditions and the appropriate sentence if the agreement is unsuccessful.

The Committee recommends that defense counsel submit the diversion application to the Circuit Court and prosecutor at the same time.

after charges are filed, AOC Form 347, styled MOTION FOR PRETRIAL DIVERSION OF A CLASS D FELONY, which contains the Commonwealth's recommendation and is signed by the defendant, defense attorney, and the Commonwealth's Attorney, will be filed by the Commonwealth with the Circuit Court Clerk

The Committee recommends submitting the diversion plan to the Court as part of a plea agreement.

The Court may void participation in pretrial diversion after a hearing and notice to the Commonwealth and defendant, upon a showing of noncompliance or unsatisfactory progress.

If related actions assigned to different divisions are transferred, both judges must sign the transfer order.

When personal identifiers are required by statute or appear in other documents or exhibits, parties must file a redacted copy and a marked, sealed unredacted copy, which may be accessed only by authorized persons.

The petitioner's address must be redacted from the petition copy served on the respondent.

When a judge is disqualified, the case must be reassigned by written order signed by the judges of both divisions.

Holiday schedules may be obtained at the Boyd County Circuit Clerk's Office.

Motions are due by 4:00 p.m. on the Friday before motion hour, or by 4:00 p.m. Thursday if the courthouse is closed Friday.

If a state holiday falls on Friday, motion hour is rescheduled to the following Friday.

If the Court closes for an unforeseen reason, motion hour is continued to the following Friday.

A responsive pleading faxed to the Court for motion hour must be faxed to opposing counsel or the opposing party at the same time, or mailed immediately if no fax number is available.

When a termination-of-parental-rights case has a companion juvenile case, proof of Juvenile Court review must be filed in the adoption or termination case.

If a Guardian Ad Litem has been appointed for the minor child in a juvenile action, Petitioner's counsel must notify the Boyd Circuit Clerk for the appointment.

Temporary Custody Orders granted under KRS 199.473(7) must be sealed and may be inspected only by the parties and their counsel.

After referral to the Domestic Relations Commissioner, the notice of hearing must be sent to all parties within seven days.

A continuance requires good cause and a written motion to opposing parties unless the parties agree to it.

A written motion requesting a continuance must be directed to the opposing parties, unless they agree to the continuance.

The Domestic Relations Commissioner's Report and Recommendation must be filed with the Clerk within 21 days of completion of trial and submission of evidence.

Either party has 10 days after the preceding report-and-recommendation step to file objections under FCRPP 4(4)(a).

If the record remains open for evidence, the attorneys or parties must file a joint motion stating that the matter stands submitted to the Commissioner for a report and recommendation.

At least five days before mediation, the parties must exchange and provide the mediator with financial disclosure statements and a short statement of the issues to be addressed.

Every pleading, motion, and other paper filed with the Court must include the case number and the signing attorney’s or party’s typed or printed name, address, and telephone number.

Pleadings must provide the personal identifying information required by the cited Kentucky statutes.

Pleadings, documents, and exhibits in actions deemed confidential by statute do not need to be redacted.

More Judges in Boyd Circuit Court

George W. Davis III
Judge
John F. Vincent
Judge